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CONDOR CAPITAL CORP. v. CALS INVS., LLC

Index No. 652639/21. Appeal No. 17261. Case No. 2022-01052.

213 A.D.3d 433 (2023)

184 N.Y.S.3d 12

2023 NY Slip Op 00629

Condor Capital Corp., Appellant, v. CALS Investors, LLC, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 7, 2023.

Attorney(s) appearing for the Case

Bell Law Group, PLLC, Syosset ( Daniel A. Johnston of counsel) for appellant.

Kane Kessler, P.C., New York ( Daniel Gimmel of counsel) for respondents.

Concur— Renwick, J.P., Gesmer, Moulton, Kennedy, Mendez, JJ.

Order, Supreme Court, New York County (Andrew Borrok, J.), entered on or about February 8, 2022, which granted defendants' motion to dismiss the complaint as barred by res judicata and awarded sanctions, unanimously reversed, on the law, without costs, the motion denied to the extent it sought dismissal on res judicata grounds, the award of sanctions vacated, and the matter remanded for determination of the motion insofar as it sought dismissal under CPLR 3211(a)(1) and ...

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